Memo

TITLE OF BILL: An act to authorize the town of Orangetown, county of Rockland, to discontinue use of certain lands as park lands and sell such lands, and dedicate certain other lands as park lands

PURPOSE: To authorize the Town of Orangetown to discontinue the use of its municipal golf course as park lands and replace it with a new park along Lake Tappan.

SUMMARY OF PROVISIONS:

Section one of this bill authorizes the Town of Orangetown to discontinue as park lands and alienate the Broadacres Golf Course.

Section two provides that the authorization contained in this act would take effect only upon the condition that the Town of Orangetown dedicates at least thirty (30) contiguous acres of land along the eastern shore of Lake Tappan as additional park lands and improves such lands by creating walking/ biking paths and public access to the lake. Section two further provides that in the event that the fair market value of the new and improved park lands along the lakefront are not equal to or greater than the fair market value of Broadacres the town must dedicate the difference in fair market value between Broadacres and the new lake front park to the acquisition or designation of new town park lands or the improvement of existing town park and recreational facilities.

Section three provides a detailed description of the approximately sixty-five (65) acres that comprise the Broadacres Golf Course.

Section four provides that prior to the discontinuance and alienation of the Broadacres Golf Course, the Town of Orangetown must designate as park lands at least thirty (30) contiguous acres of lands along the eastern shores of Lake Tappan. Section four also establishes the area in which the town may designate the new thirty (30) acre lake front park.

Section five requires that, in the event that the Town of Orangetown received any funding to support Broadacres Golf Course, the discontinuance and alienation of the course shall not occur until the town has complied with any federal requirements pertaining to the alienation or conversion of park lands.

Section six provides the effective date.

JUSTIFICATION: The Town of Orangetown is currently in the process of planning the future use and development of a large tract of land that occupies the geographic center of the community. This area includes lands presently and formerly associated with the Rockland Psychiatric Center (RPC). The goal of the Town's planning effort is to develop the RPC site and surrounding lands in a manner that is consistent with the Town's overall planning goals and serves the recreational and economic needs of the Town.

A successful RPC site development effort will require the Town to reconfigure existing land uses in the area. This reconfiguration would

begin by discontinuing the use of the Broadacres Golf Course as a park, which provides limited recreational opportunities for a fee, and developing new park lands along Lake Tappan. Proceeds from the sale of Broadacres Golf Course would provide the Town with needed capital to develop a new lakefront park, which, once developed, will provide more Town residents with more opportunities for enjoyment, amusement, and pleasure.

The development of a new park along Lake Tappan would expand visual and physical public access to the lake, which would provide the town with a valuable scenic resource. Unlike Broadacres Golf Course, a park along Lake Tappan would better serve the recreational needs of all Town residents by providing new opportunities to partake in such activities as bicycle riding, strolling, rollerblading, and picnicking. Additionally, the Town already benefits from adequate golfing facilities, specifically in the form of Blue Hill Golf Course, a 27-hole course located in town less than two miles to the west of Broadacres.

The development of a lakefront park would also better serve the Town's interest in securing and enhancing the value of other lands near the RPC site that will be developed for private and taxable uses. This benefit would serve the Town's vital economic interests, which are central to its RPC development planning efforts.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________
5840
2013-2014 Regular Sessions
IN SENATE
June 17, 2013
___________

Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to authorize the town of Orangetown, county of Rockland, to
discontinue use of certain lands as park lands and sell such lands,
and dedicate certain other lands as park lands
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subject to the provisions of this act, the town of Orange-
town, county of Rockland, is hereby authorized, acting by and through
its town board and upon such terms and conditions as determined by such
board, to discontinue the use of the municipally owned park land common-
ly known as Broadacres Golf Course, and more particularly described in
section three of this act, which is no longer needed for park purposes,
and sell and convey in fee simple for its fair market value and upon
such terms and conditions as it deems appropriate such lands which are
no longer useful for park and recreation purposes. The authorization
contained in this section shall only be effective on the condition that
State of New York waives any reversion clause of any deed conveying such
property, if applicable.
S 2. The authorization contained in section one of this act shall take
effect only upon the condition that the town of Orangetown shall dedi-
cate lands from the lands described in section four of this act as addi-
tional park lands of the town, provided that the town of Orangetown has
never used such lands for public open space or park purposes, are not
lands under water, are improved such that the lands with improvements
are of equal or greater fair market value than the value of the park
lands being alienated by this act, are at least thirty acres of land
that include all land adjacent to a body of water within the lands
described in section four of this act known as Lake Tappan, and that
such lands form one contiguous park. Such improvements shall include,
but not be limited to, a walking and/or bike path, and public access

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11564-02-3

S. 5840 2

points to Lake Tappan. The authorization contained in section one of
this act shall also only be effective on the condition that the Office
of Parks, Recreation and Historic Preservation has agreed that such
additional lands are suitable replacement park lands. In the event that
such lands and improvements are not of equal or greater fair market
value to the park lands being alienated by this act, the town of Orange-
town shall dedicate the difference in such fair market value for the
acquisition or designation of additional town park lands that the town
of Orangetown has never used for public open space or park purposes, or
for capital improvements to existing town park and recreational facili-
ties.
S 3. The lands authorized by section one of this act to be discontin-
ued as park lands, and to be sold and conveyed are as follows:
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Town of
Orangetown, County of Rockland and State of New York, being more partic-
ularly bounded and described as follows:
BEGINNING at an iron pin at the intersection of the southerly side of
Convent Road with the southwesterly line of lands of the Palisades
Interstate Parkway; running thence Southeasterly along the southwesterly
line of said lands of the Palisades Interstate Parkway on a curve to the
right having a radius of 85200.00 feet, the arc length of 1127.10 feet,
said curve being subtended by a chord bearing of South 38° 37' 37" East
and a length of 1126.28 feet; running thence South 9° 33' 28" East 70.16
feet; running thence South 86° 10' 42" West 169.64 feet; running thence
South 0° 29' 31" East 434.02 feet; running thence South 86° 53' 36" East
180.62 feet; running thence South 0° 27' 28" East 919.15 feet; running
thence South 12° 41' 48" West 532.48 feet; running thence South 75° 23'
37" West 669.81 feet; running thence North 18° 05' 09" East 542.73 feet;
running thence North 0° 49' 20" East 200.30 feet; running thence North
16° 11' 45" East 220.32 feet; running thence North 0° 17' 09" East
242.81 feet; running thence North 18° 52' 35" West 292.53 feet; running
thence North 8° 46' 37" West 90.46 feet; running thence North 4° 02' 36"
West 184.50 feet; running thence South 62° 13' 00" West 174.29 feet;
running thence South 1° 35' 56" West 146.64 feet; running thence South
89° 34' 18" West 428.60 feet; running thence North 32° 03' 38" West
114.70 feet; running thence North 53° 35' 58" West 84.80 feet; running
thence North 42° 36' 43" West 50.88 feet; running thence North 33° 45'
55" West 52.74 feet; running thence North 21° 38' 31" West 49.42 feet;
running thence North 10° 02' 58" West 50.27 feet; running thence North
6° 44'22" West 36.63 feet; running thence South 88° 11' 36" West 261.00
feet; running thence North 2° 06' 36" West 1115.47 feet to an iron pin
in the southerly side of Convent road; running thence North 88° 31' 56"
East 408.32 feet; running thence North 87° 42' 57" East 621.05 feet to
an iron pin the southwesterly line of lands of the Palisades Interstate
Parkway, being the northeasterly corner of the premises hereinabove
described and the point of place of BEGINNING, CONTAINING 64.8743 acres,
more or less.
S 4. Prior to the discontinuance and alienation of the park land
described in section three of this act, and subject to the requirements
of section two of this act, the town of Orangetown, acting through its
town board, shall dedicate lands from the description of lands below
that the town of Orangetown has never used for public open space or park
purposes, are not lands under water, are at least thirty acres of land
that include all land adjacent to a body of water known as Lake Tappan,

S. 5840 3

and that such lands form one contiguous park. Such lands are located in
an area bounded and described as follows:
ALL that certain plot, piece or parcel of land situate, lying and
being in the Town of Orangetown, County of Rockland and State of New
York, being more particularly bounded and described as follows:
BEGINNING at a point in the northerly side of Old Orangeburg Road at
its intersection with the northerly side of Veterans Memorial Drive
a/k/a New Orangeburg Road and running thence North 84° 03' 48" West
along the northerly side of Veterans Memorial Drive a/k/a New Orangeburg
Road 42.77 feet; running thence North 70° 41' 42" West still along the
northerly side of Veterans Memorial Drive a/k/a new Orangeburg Road
174.74 feet; running thence North 34° 14' 48" West 209.46 feet; running
thence North 22° 26' 12" East 1,022.58 feet to a corner; running thence
South 85° 34' 12" West still along the same 166.55 feet to a corner;
running thence North 12° 56' 22" East 285.35 feet; running thence North
1° 49' 08" West 222.46 feet; running thence North 17° 13' 32" East
207.02 feet; running thence North 80° 22' 22" East 93.34 feet; running
thence South 52° 08' 58" East 93.41 feet; running thence South 88° 00'
38" East 133.52 feet; running thence North 69° 47' 12" East 141.69 feet;
running thence North 47° 58' 52" East 338.13 feet; running thence North
78° 14' 52" East 123.15 feet; running thence South 81° 31' 48" East
122.77 feet; running thence North 57° 34' 42" East 97.72 feet; running
thence North 30° 40' 32" East 184.56 feet; running thence North 0° 07'
58" West 148.68 feet; running thence North 41° 34' 12" East 322.84 feet;
running thence South 84° 55' 08" East 273.91 feet thence North 86° 11'
40" East 452.00 feet; running thence South 20° 56' 14" East 123.13 feet;
running thence North 58° 55' 10" East 768.44 feet; running thence North
63° 30' 13" East 599.40 feet; running thence South 0° 28' 51" West
517.55 feet; running thence South 88° 10' 59" West 576.17 feet; running
thence South 4° 47' 04" East 859.02 feet; running thence South 70° 17'
25" West 84.17; running thence Due West 267.48 feet; running thence Due
South 95.82 feet; running thence South 70° 17' 25" West 48.04 feet;
running thence South 6° 39' 10" East 161.28 feet; running thence South
79° 53' 23" East 500.35 feet; running thence South 2° 34' 07" East
623.29 feet; running thence South 76° 20' 28" West 127.36 feet; running
thence South 87° 18' 26" West 185.39 feet; running thence South 0° 00'
18" West 665.06 feet in the northerly side of Old Orangeburg Road;
running thence South 86° 05' 03" West 59.81 feet; running thence North
89° 54' 12" West 583.36 feet; running thence South 87° 27' 33" West
197.88 feet; running thence South 86° 20' 03" West 193.02 feet in the
northerly side of Old Orangeburg Road; running thence Due North, 743.60
feet; running thence Due West, 580.39 feet; running thence North
75°40'44" West 110.46 feet; running thence South 36°33'44" West 48.05
feet; running thence North 53°26'16" West 24.46 feet; running thence
South 39°18'20" West 66.52 feet; running thence Southwesterly, on a
curve to the right having a radius of 434.61 feet and an arc distance of
144.03 feet; running thence Southwesterly, on a curve to the right
having a radius of 135.06 feet and an arc length of 71.92 feet of
compound curvature; running thence Southwesterly, on a curve to the left
having a radius of 115.05 feet and an arc length of 109.96 feet of
reverse curvature; running thence Southeasterly, on a curve to the left
having a radius of 65.00 feet and an arc length of 79.01 feet of
compound curvature; running thence South 35°36'22" East 81.38 feet;
running thence Southerly, on a curve to the right having a radius of
285.00 feet and an arc length of 211.28 feet; running thence South
06°52'07" West 200.23 feet; running thence Southerly, on a curve to the

S. 5840 4

left having a radius of 115.00 feet and an arc length of 19.34 feet;
running thence Southeasterly, along a curve to the left having a radius
of 35.00 feet and an arc length of 56.72 feet along the northerly side
of Old Orangeburg Road; running thence South 84° 23' 03" West 670.19
feet along the northerly side of Old Orangeburg Road to the point or
place of BEGINNING.
S 5. If the parkland that is the subject of this act has received
funding pursuant to the federal land and water conservation fund, the
discontinuance of parkland authorized by the provisions of this act
shall not occur until the municipality has complied with the federal
requirements pertaining to the conversion of parklands, including satis-
fying the secretary of the interior that the discontinuance with all
conditions which the secretary of the interior deems necessary to assure
the substitution of other lands shall be equivalent in fair market value
and recreational usefulness to the lands being discontinued.
S 6. This act shall take effect immediately.

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